Reforms to Victoria’s courts have been 30 years in the making, but as of ­Tuesday the state’s courts and tribunals are now independent from departmental and political control.

It is hoped the administrative changes will drive efficiency, pro­ductivity and innovation in the state’s legal sector.

Victorian Supreme Court Chief ­Justice
Marilyn Warren
, chair of the new statutory body, Court Services ­Victoria, said courts will now be able to determine their own affairs and ­manage their own budgets.

“For the first time in Victoria’s ­history the courts are completely ­separated from the executive arm of government, namely the Department of Justice," Chief Justice Warren said.

The move is one of the most significant for the state, in the legal and constitutional sector, in more than 180 years.

The only other state in which courts are independent to the government in Australia is in South Australia and the changes will also bring Victoria in line with the High Court, Federal Court and the Family Court.

“We visited South Australia and the federal jurisdictions and as a result the model we have is the best of the other systems," Chief Justice Warren said.

“We have drawn on the federal model by ensuring each of the courts have an independent and separate budget with their own chief executive officer accountable to the head of that jurisdiction.

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“That’s very important so that we are independent within all the courts from each other. At the same time we share the central resources and services ­collaboratively and collegially. What that means is we meet together and we resolve between ­ourselves which court has the pressing ­priorities for the ­additional funding."

More for the public

“We can streamline things and make it better for the public and also enable the courts to provide a better service to the public," she said.

“Ultimately this is about public confidence."

Chief Justice Warren said the model would also enable the courts to be their own advocate within government, in particular to Treasury.

“The courts, I believe, will become more efficient, accountable and ­transparent because of the system that has been put in place. Each court will look very carefully at its expenditure and make sure it is doing things ­efficiently."

The courts will also need to account for any budget over run, which the Chief Justice said “inevitably means we will be supportive of one and another and see opportunities for sharing when the need arises."

Victorian Attorney-General
Robert Clark
said the establishment of an ­independent court system reinforced the fundamental principle of the ­independence of the courts in ­upholding the rule of law.

“CSV [Court Services Victoria] will be accountable, not to executive government, but directly to the Victorian Parliament for its performance, and for its stewardship of the funds provided to it by the parliament on behalf of the community," he said.

The implementation came at a time when Victoria’s courts were clearing cases at a record pace, he said, despite dealing with record numbers of new case lodgements.

“Victoria’s courts are achieving great improvements in providing Victorians with fair and timely access to justice."

Chief Justice Warren would not be drawn to comment on any changes that might spring from the KPMG report into the federal jurisdiction by federal Attorney-General
George Brandis
, but did say she thought “governance is a topic which resonates within courts".